Albuquerque leaders say the city will fight a federal lawsuit over local and state immigration laws that limit some cooperation with Immigration and Customs Enforcement.
ALBUQUERQUE, N.M. – Albuquerque leaders say the city will fight a federal lawsuit over local and state immigration laws that limit some cooperation with Immigration and Customs Enforcement.
The Department of Justice is suing New Mexico and Albuquerque, arguing recent immigration laws violate federal law. Two policies are at the center of the case: the Immigrant Safety Act and Albuquerque’s Safer Community Places Ordinance.
On Saturday, Albuquerque Mayor Tim Keller gave his view of the lawsuit against the city and the state.
“This really does not constitute a serious legal threat to Albuquerque,” Keller said. “We’ve been down this road before, legally and from a policy perspective, and so we’re totally ready and willing and able to defend this lawsuit.”
The federal government argues Albuquerque’s Safer Community Places Ordinance discriminates against the federal government and violates the Supremacy Clause, which means federal law overrides state law.
What is the city saying?
“We’re not saying ICE can’t exist in Albuquerque. That would be illegal, even if we want to do that like that would be illegal. We’re just saying they can’t use city property that is legal,” Keller said.
The ordinance does not allow the federal government to use city properties such as parking garages or libraries for immigration enforcement operations. It also limits access for the federal government.
“It has to be very clear where you need a warrant, where you don’t for anyone, by the way, not just ICE. And so all our law does is it just requires posting of existing law around private property,” Keller said.
Keller said businesses do not have any required signage up yet because the law is new.
The lawsuit also challenges House Bill 9, the Immigrant Safety Act, which Gov. Michelle Lujan Grisham signed in February.
What about the state law?
Joshua Kastenberg, a professor at the University of New Mexico School of Law, said the federal government argues the state law violates the contract clause.
“What the federal government is arguing is that it’s not constitutional under the federal Constitution for for one fundamental reason, but it impairs something known as the contract clause,” Kastenberg said.
The Department of Justice says New Mexico violates that clause by banning state and local governments from entering new contracts or renewing current ones with the federal government to detain people for civil immigration violations.
“I don’t believe that their case law, meaning the federal government’s case law, and their arguments, are on point with past practice. But I do believe they have a shot at winning in this case, and reason for that is immigration is seen as a federal imperative in the courts,” Kastenberg said.
The Immigrant Safety Act is supposed to take effect May 20, but the federal government filed for an injunction and asked for a hearing in 10 days. That date has not been set. For the city’s ordinance, City Attorney Lauren Keefe said nothing has been filed yet.
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